Legal Question in Family Law in California

Drug testing a three year old!!!!

The mother of my daughter has done many things that I consider as being abusive to our 4 year old but it seems as if my voice is not being heard. My ex has done outrageous things such as giving our daughter home drug test, told our daughter in my presence that my house was hell and that �Jesus will save her�, she has posted flyers of me calling trash, she claims that the mediators lies about what she says, she has withheld visitation, residential location, medical information and when this is reported, nothing happens. She gets chastised but she continues to do the same thing. The courts have even aloud her to relocate across many state lines. I have applied for change of custody but have been told that it would detrimental to our daughter to remove her from her mother who she has resided with for four years. I know for a fact that she has used drugs in the past and has had mental evaluations but I have to prove it to the judge in order to subpoena her medical records. My question is how can I prove that she is mentally unstable so that the judge will sign the subpoena? I am very concerned about my daughters safety !


Asked on 11/05/07, 8:41 pm

1 Answer from Attorneys
Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: Drug testing a three year old!!!!

Well...you have a mess. I am assuming that when you say she has moved across many state lines that she has moved out of state. The first concern would be for how long. If more than 6 months, you may be required to file in the state where the child resides...in answer to your specific question, you will need to show, absent any medical reporting saying that she has a mental condition that may be dangerous to your child, that she is erratic and dangerous to the welfare of your daughter. It is important to go back to the proper court within days of this information becoming available.

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Answered on 11/05/07, 11:03 pm


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